CHANDRA SINGH versus STATE OF RAJASTHAN AND ANR.

CHANDRA SINGH versus STATE OF RAJASTHAN AND ANR.

Retirement orders affecting substantive rights prior to amended Rule 56's effective date were illegal; however, given the negative annual confidential reports and lack of sufficient potentiality for extension, the Court declined to exercise discretionary jurisdiction to set aside the retirements but ordered payment of all retiral benefits.

Parties
Appellant: Chandra Singh; Respondent: State of Rajasthan; Respondent: Rajasthan High Court; Appellant: Mata Deen Garg; Appellant: Bhanwar Lal Sharma
Jurisdiction
India
Judgment Date
22 July 2003
Procedural Posture
Civil Appeal / Appeal From Rajasthan High Court's Dismissal of Writ Petitions
Outcome
Appeals dismissed
Legal Topics
Retirement Age, Judicial Service, Pension, Compulsory Retirement, Discretionary Relief
Service Law Constitutional Law Retirement Age Judicial Service Pension Compulsory Retirement Discretionary Relief

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Parties

Chandra Singh

Appellant

State of Rajasthan

Respondent

Rajasthan High Court

Respondent

Mata Deen Garg

Appellant

Bhanwar Lal Sharma

Appellant

Procedural Posture

Civil Appeal / Appeal From Rajasthan High Court's Dismissal of Writ Petitions

Legal Issues

  1. 1 Whether retirement order passed before amended Rule 56 came into force was legal
  2. 2 Applicability of Rajasthan Service Rules, 1951 and Rajasthan Civil Service (Pension) Rules, 1996 to judicial officers
  3. 3 Whether pre-retirement assessment after crossing age of 58 years and before 60 years was permissible

Ratio Decidendi

Retirement orders affecting substantive rights prior to amended Rule 56's effective date were illegal; however, given the negative annual confidential reports and lack of sufficient potentiality for extension, the Court declined to exercise discretionary jurisdiction to set aside the retirements but ordered payment of all retiral benefits.

Court Disposition

Appeals dismissed

Orders

  • High Court and State Government directed to pay all retiral benefits to appellants as expeditiously as possible, preferably within three months from the date of communication of this order.
  • No costs.